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STATE v. OVERHOLT

No. 20190033.

930 N.W.2d 185 (2019)

2019 ND 173

STATE of North Dakota, Plaintiff and Appellee v. Matthew Jeffrey OVERHOLT, Defendant and Appellant.

Supreme Court of North Dakota.

Filed June 27, 2019.

Attorney(s) appearing for the Case

Derek K. Steiner (argued), Assistant State's Attorney, Ryan J. Younggren (on brief), and Nicholas S. Samuelson (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Fargo, ND, for plaintiff and appellee.

Will R. Budke , Wahpeton, ND, for defendant and appellant.

[¶1] Matthew Overholt appeals from a district court order modifying its order deferring imposition of sentence. We reverse because the district court erred in relying on a second case that had been automatically dismissed to modify its order in this case, and because the State presented no other evidence supporting its motion...

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